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{
    "id": 1092537,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1092537/?format=api",
    "text_counter": 294,
    "type": "speech",
    "speaker_name": "Ruaraka, ODM",
    "speaker_title": "Hon. T.J. Kajwang’",
    "speaker": {
        "id": 2712,
        "legal_name": "Tom Joseph Kajwang'",
        "slug": "kajwang-tom-joseph-francis"
    },
    "content": "In this legislation, at that time, it only would apply to areas that the Provincial Commissioners would gazette. Meaning that in the coastal strip because of application of the Sultan protectorate, certain laws did not pass beyond Mombasa into the hinterland. Muslims are all over. There are Muslims in Gendia, Kendu, Kisumu and in Ndhiwa. In fact, people have changed names there. People who were called George Onyango, nowadays are called Abdullahi Akbar Onyango. So, if you only limit the application of legislation to a particular region, you miss a people that should benefit from the legislation. One of the things that were discussed yesterday, was what I heard a Member call constitutionality of this Bill. I think we should have waited for more direction to understand where we are. There is nothing unconstitutional in this Bill. The Member may have misconceived what you and I know as sources of law. You know, sources of law are predicated in Judicature Act. I would want to bring you up to speed, especially to Section 3(2) which says: “Jurisdictions of the courts will be governed by the Constitution and received legislation”. That is the compound law of legislation and case law as at the reception date and of course doctrines of equity and so on. In subsection 2, the courts will be guided in cases in which one or more of them are affected by it, personal law. I think the word here is “African customary law”. The Islamic law is applicable in Kenya by dint of African customary law of the persons that they relate to, when one or two people are affected by it. Once somebody professes a particular regime of law, whether it is native law to the extent that is personal law that law would, therefore, be a law that is applicable under our Constitution and under the law. The only thing which I thought came out very strongly that the Committee will be looking at, is that this law must be applicable and not repugnant to justice and morality, or inconsistent with any written law, and shall decide all cases according to substantial justice. It, therefore, means that not just for the Muslims, but for everybody else. We would want to investigate if that law is consistent with the written law and the Constitution, especially that it is not repugnant to moral justice. That being the case, Members then understand that there is no unconstitutionality in this law. However, as I heard Member for Suba North for example say, what is this law which should The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}